Regulations and Fatwas
As-salamu alaykum. I would like to ask for clarification on the following matter. Would it be sinful or incorrect for me to purchase an apartment in a building that was constructed on the land of a demolished mosque? The mosque was demolished sixty years ago by the authorities at that time, and a small sum of money was given to the Islamic Community for the land.
The legal status of the land on which the building was constructed is not known to us. If the land is still considered waqf property but is not being used for its intended purpose, we advise you not to purchase an apartment in that building. You may inquire about the status of the land at the Waqf Directorate of the Islamic Community.
As-salamu alaykum! Is it permissible to rent waqf property to restaurants that sell alcohol?
According to the normative acts of the Islamic Community, waqf property cannot be leased to cafes and restaurants that serve alcohol. The Waqf Directorate oversees the leasing of waqf properties. If you have reliable information and evidence that alcohol is being served in waqf-owned premises, we encourage you to report it to the relevant local Islamic Community council (Majlis). If it is determined that a tenant has violated the lease agreement, the competent institutions of the Islamic Community are obligated to take appropriate action.
While my father was alive (he passed away last year—may the Lord of all worlds have mercy on him), he always said that he would donate one of his fields for charitable purposes if a road were to be built next to it. This morning, my mother informed me that the road construction is indeed going to take place and that the municipality will compensate us for the expropriated land. We are wondering if we can accept the compensation from the municipality and donate it in our father’s name to our local mosque or another mosque under construction. Will this be equally rewarded as his original intention of donating the land for free?
The Prophet Muhammad (peace be upon him) said: "When a person dies, all his deeds come to an end except for three: ongoing charity (waqf), beneficial knowledge, and a righteous child who prays for him." Based on this, it is possible to establish a waqf on behalf of a deceased person. A waqf can be in the form of real estate or a monetary donation to a charitable project, thereby making the donor a waqif (endower) in that project. Whether a person personally dedicates their property as waqf or someone else does so on their behalf, the waqf is treated the same.
Accordingly, you may take the compensation and donate it for the construction of your local mosque or another mosque, or for any other project of public benefit. Additionally, since a road is a public good that benefits many people, you may choose to forgo the compensation as a contribution to the road construction. All of these actions are considered ongoing charity, and as long as the benefit continues, your father will receive the rewards for it.
As-salamu alaykum! Can artistic and intellectual works, in the broadest sense, be donated as waqf?
Artistic works and intellectual property, provided they are permissible under Islamic law, can indeed be designated as waqf because they hold value.
The International Islamic Fiqh Academy in Jeddah, at its 19th session in 2009, issued Resolution No. 181 (7/19), which states, among other things: "It is permissible to dedicate as waqf shares of companies engaged in permissible activities, Islamic bonds (sukuk), copyrights, and the benefits derived from tangible assets, as these are recognized forms of wealth under Islamic law."
If the council of a local mosque manages waqf premises that have been unused for years, is it permissible to temporarily allocate them for the operations of a local community office (if the office lacks its own premises), and under what conditions?
There are institutions and bodies within the Islamic Community responsible for the management, usage, duration, and rental pricing of waqf properties. In this particular case, the local community office should approach the mosque council, which should then consult the relevant Islamic Community council (Majlis), possibly the regional muftiate, and ultimately the Waqf Directorate, which must approve such use. If a lease agreement is established, it must specify the duration and rental fee to ensure the protection of the waqf property.
The congregation members who contributed financially to the construction of mosques receive a vakufnama, while those who did not contribute money but invested all their effort and labor in building the same mosques (which means they endowed their work) did not receive anything. Why is that?
Every effort and labor invested in a good deed, whether through financial contributions or voluntary work, is considered an act of righteousness for which Allah, the Almighty, will grant multiple rewards. No effort will be in vain if it is done sincerely for the sake of Allah.
"Whoever does good, whether male or female, and is a believer, We will surely grant them a good life, and We will certainly reward them with a better reward than what they have earned." (An-Nahl, 97)
Both financial contributions and labor invested in mosque construction are considered sadaqah jariyah (continuous charity) because they are dedicated to a facility that permanently serves believers for worship. Labor has its value just as money does. Therefore, there is no obstacle to awarding certificates of appreciation or even vakufnamas to those who contributed voluntary labor.
However, since the object of waqf must be clearly defined, the construction committee should agree with such individuals on the value of their work in accordance with market rates. After that, they could formally endow the known value of the labor performed.
The practice of issuing vakufnamas shows that financial contributions are prioritized over labor. We hope that voluntary work will also receive proper recognition through corresponding vakufnamas, provided that the mentioned condition is met. In any case, work done for the sake of Allah will never be wasted, even if people do not properly acknowledge it.
Can research works and copyrights be endowed?
Given that, in our school of thought, the endowment of movable property is permissible if it has become a common practice in a particular place, and considering that the endowment of books and money is widely accepted both locally and globally, we believe that, by extending this interpretation of movable property, the same principle can be applied to the endowment of research works and copyrights.
It is necessary to ensure that such assets and rights are protected and permanently used for the purpose specified in the vakufnama.
Fetva-i-emin Dr. Enes Ljevaković
Is it possible to request a refund of funds that were endowed for mosque construction?
According to the preferred opinion in Islamic jurisprudence, once an asset is endowed (waqf), it no longer belongs to the benefactor (waqif); rather, it becomes the property of the waqf for which it was intended. If the waqf for which the asset was designated ceases to exist for any reason, its property is transferred to another waqf of the same nature and purpose.
In this case, the benefactors (waqifs) do not have the right to request a refund of the endowed money unless they explicitly stipulated this condition at the time of endowment (in the vakufnama)—for instance, in the event that the project for which they endowed their money cannot be realized as planned. Without such a condition, there is no Islamic legal basis for requesting a refund, as the money no longer belongs to them.
If the mosque cannot be built as planned or if an existing building cannot be purchased and converted into a mosque as an alternative solution, the money should still be spent on the same purpose for which it was endowed—i.e., the construction of a mosque in a feasible location. Ideally, the benefactors themselves should allocate these funds to ensure that their money is used for the intended purpose (mosque construction).
Assalamu alaykum! Due to an incident in our congregation, I would like to ask whether it is permissible to request the return of money I donated as waqf? The funds were collected for the construction of a waqf property.
Once something is endowed, it cannot be revoked, because endowed property no longer belongs to the benefactor but to the waqf. Therefore, disputes, disagreements, conflicts, and similar issues—which should not happen in a congregation as they contradict the spirit and purpose of a community—cannot be grounds for annulling a waqf.
In this case, the endowed property (money) no longer belongs to you but to the waqf itself (mosque, prayer hall, etc.) from the moment it was endowed.
If a public fountain (hajr-chesma) is built on waqf land, should it be managed by the person who built it or by the congregation’s board, in terms of maintenance and reconstruction? For example, a person recently renovated the fountain without seeking approval from the congregation’s board.
If the public fountain was built on waqf land, then no modifications can be made to it without the approval of the congregation’s board, just as it could not have been constructed in the first place without the approval of the Islamic Community (Majlis IZ), the congregation’s board, and the Waqf Directorate.
The relationship between the donor (hajr sahibija) and the Majlisof the ICas a legal entity, as well as the trustee (mutevelija) of the waqf on which the fountain was built, should have been regulated by a formal agreement granting permission for its construction on waqf property.
Therefore, you must consult all the mentioned bodies and institutions to obtain their approval rather than making unilateral decisions and carrying out work on waqf property without authorization.
Fetva-i-emin Dr. Enes Ljevaković